82R4462 JRJ-D
 
  By: Harless H.B. No. 1458
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a voter to present proof of identification;
  providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Effective September 1, 2011, Subchapter A,
  Chapter 15, Election Code, is amended by adding Section 15.005 to
  read as follows:
         Sec. 15.005.  NOTICE OF IDENTIFICATION REQUIREMENTS.  (a)  
  The voter registrar of each county shall provide notice of the
  identification requirements for voting prescribed by Chapter 63 and
  a detailed description of those requirements with each voter
  registration certificate issued under Section 13.142 or renewal
  registration certificate issued under Section 14.001.
         (b)  The secretary of state shall prescribe the wording of
  the notice to be included on the certificate under this section.
         SECTION 2.  Section 15.022(a), Election Code, is amended to
  read as follows:
         (a)  The registrar shall make the appropriate corrections in
  the registration records, including, if necessary, deleting a
  voter's name from the suspense list:
               (1)  after receipt of a notice of a change in
  registration information under Section 15.021;
               (2)  after receipt of a voter's reply to a notice of
  investigation given under Section 16.033;
               (3)  after receipt of a registration omissions list and
  any affidavits executed under Section 63.006 [63.007], following an
  election;
               (4)  after receipt of a voter's statement of residence
  executed under Section 63.0011;
               (5)  before the effective date of the abolishment of a
  county election precinct or a change in its boundary;
               (6)  after receipt of United States Postal Service
  information indicating an address reclassification;
               (7)  after receipt of a voter's response under Section
  15.053; or
               (8)  after receipt of a registration application or
  change of address under Chapter 20.
         SECTION 3.  Effective September 1, 2011, Subchapter A,
  Chapter 31, Election Code, is amended by adding Section 31.012 to
  read as follows:
         Sec. 31.012.  VOTER IDENTIFICATION EDUCATION.  (a)  The
  secretary of state and the voter registrar of each county that
  maintains a website shall provide notice of the identification
  requirements for voting prescribed by Chapter 63 on each entity's
  respective website.  The secretary of state shall prescribe the
  wording of the notice to be included on the websites.
         (b)  The secretary of state shall conduct a statewide effort
  to educate voters regarding the identification requirements for
  voting prescribed by Chapter 63.
         SECTION 4.  Effective September 1, 2011, Section 32.111,
  Election Code, is amended by adding Subsection (c) to read as
  follows:
         (c)  The training standards adopted under Subsection (a)
  must include provisions on the acceptance and handling of the
  identification presented by a voter to an election officer under
  Section 63.001.
         SECTION 5.  Effective September 1, 2011, Section 32.114(a),
  Election Code, is amended to read as follows:
         (a)  The county clerk shall provide one or more sessions of
  training using the standardized training program and materials
  developed and provided by the secretary of state under Section
  32.111 for the election judges and clerks appointed to serve in
  elections ordered by the governor or a county authority. Each
  election judge shall complete the training program. Each election
  clerk shall complete the part of the training program relating to
  the acceptance and handling of the identification presented by a
  voter to an election officer under Section 63.001.
         SECTION 6.  Chapter 62, Election Code, is amended by adding
  Section 62.016 to read as follows:
         Sec. 62.016.  NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
  POLLING PLACES. The presiding judge shall post in a prominent place
  on the outside of each polling location a list of the acceptable
  forms of identification. The notice and list must be printed using
  a font that is at least 24-point.
         SECTION 7.  Section 63.001, Election Code, is amended by
  amending Subsections (b), (c), (d), and (f) and adding Subsection
  (g) to read as follows:
         (b)  On offering to vote, a voter must present to an election
  officer at the polling place one form of identification listed in
  Section 63.0101 [the voter's voter registration certificate to an
  election officer at the polling place].
         (c)  On presentation of the documentation required under
  Subsection (b) [a registration certificate], an election officer
  shall determine whether the voter's name on the documentation 
  [registration certificate] is on the list of registered voters for
  the precinct.
         (d)  If the voter's name is on the precinct list of
  registered voters and the voter's identity can be verified from the
  documentation presented under Subsection (b), the voter shall be
  accepted for voting.
         (f)  After determining whether to accept a voter, an election
  officer shall return the voter's documentation [registration
  certificate] to the voter.
         (g)  If the requirements for identification prescribed by
  Subsection (b) are not met, the voter may be accepted for
  provisional voting only under Section 63.011.  For a voter who is
  not accepted for voting under this section, an election officer
  shall:
               (1)  inform the voter of the voter's right to cast a
  provisional ballot under Section 63.011; and
               (2)  provide the voter with written information, in a
  form prescribed by the secretary of state, that:
                     (A)  lists the requirements for identification;
                     (B)  states the procedure under Section 65.0541
  for presenting identification;
                     (C)  includes a map showing the location where
  identification must be presented; and
                     (D)  includes notice that even if all procedures
  are followed, there is no guarantee the voter's provisional ballot
  will be accepted.
         SECTION 8.  Section 63.0011(a), Election Code, is amended to
  read as follows:
         (a)  Before a voter may be accepted for voting, an election
  officer shall ask the voter if the voter's residence address on the
  precinct list of registered voters is current and whether the voter
  has changed residence within the county.  If the voter's address is
  omitted from the precinct list under Section 18.005(c), the officer
  shall ask the voter if the voter's residence, if [as] listed, on
  identification presented by the voter under Section 63.001(b) [the
  voter's voter registration certificate] is current and whether the
  voter has changed residence within the county.
         SECTION 9.  Effective September 1, 2011, Chapter 63,
  Election Code, is amended by adding Section 63.0012 to read as
  follows:
         Sec. 63.0012.  NOTICE OF IDENTIFICATION REQUIREMENTS TO
  CERTAIN VOTERS. (a)  An election officer shall distribute written
  notice of the identification that will be required for voting
  beginning with elections held after January 1, 2012, and
  information on obtaining identification without a fee under Section
  521.422, Transportation Code, to each voter who, when offering to
  vote, presents a form of identification that will not be sufficient
  for acceptance as a voter under this chapter beginning with those
  elections.
         (b)  The secretary of state shall prescribe the wording of
  the notice and establish guidelines for distributing the notice.
         (c)  This section expires September 1, 2013.
         SECTION 10.  Section 63.006, Election Code, is amended to
  read as follows:
         Sec. 63.006.  VOTER WITH REQUIRED DOCUMENTATION [CORRECT
  CERTIFICATE] WHO IS NOT ON LIST.  (a)  A voter who, when offering to
  vote, presents the documentation required under Section 63.001(b)
  [a voter registration certificate indicating that the voter is
  currently registered in the precinct in which the voter is offering
  to vote,] but whose name is not on the precinct list of registered
  voters[,] shall be accepted for voting if the voter also presents a
  voter registration certificate indicating that the voter is
  currently registered:
               (1)  in the precinct in which the voter is offering to
  vote; or
               (2)  in a different precinct from the one in which the
  voter is offering to vote and the voter executes an affidavit
  stating that the voter:
                     (A)  is a resident of the precinct in which the
  voter is offering to vote or is otherwise entitled by law to vote in
  that precinct;
                     (B)  was a resident of the precinct in which the
  voter is offering to vote at the time the information on the voter's
  residence address was last provided to the voter registrar;
                     (C)  did not deliberately provide false
  information to secure registration in a precinct in which the voter
  does not reside; and
                     (D)  is voting only once in the election.
         (b)  After the voter is accepted, an election officer shall:
               (1)  indicate beside the voter's name on the poll list
  that the voter was accepted under this section; and
               (2)  enter the voter's name on the registration
  omissions list.
         SECTION 11.  Section 63.009(a), Election Code, is amended to
  read as follows:
         (a)  A [Except as provided by Subsection (b), a] voter who
  does not present a voter registration certificate when offering to
  vote, and whose name is not on the list of registered voters for the
  precinct in which the voter is offering to vote, shall be accepted
  for provisional voting if the voter executes an affidavit in
  accordance with Section 63.011.
         SECTION 12.  Section 63.0101, Election Code, is amended to
  read as follows:
         Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.   
  The following documentation is an acceptable form [as proof] of
  photo identification under this chapter:
               (1)  a driver's license or personal identification card
  issued to the person by the Department of Public Safety that has not
  expired [or a similar document issued to the person by an agency of
  another state, regardless of whether the license or card has
  expired];
               (2)  a United States military identification card that
  contains the person's photograph and has not expired [form of
  identification containing the person's photograph that establishes
  the person's identity];
               (3)  a [birth certificate or other document confirming
  birth that is admissible in a court of law and establishes the
  person's identity;
               [(4)]  United States citizenship certificate [papers]
  issued to the person that contains the person's photograph;
               (4) [(5)]  a United States passport issued to the
  person that has not expired; or
               (5)  a license to carry a concealed handgun issued to
  the person by the Department of Public Safety
               [(6)     official mail addressed to the person by name
  from a governmental entity;
               [(7)     a copy of a current utility bill, bank statement,
  government check, paycheck, or other government document that shows
  the name and address of the voter; or
               [(8)     any other form of identification prescribed by
  the secretary of state].
         SECTION 13.  Section 63.011, Election Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  A person to whom Section 63.001(g) [63.008(b)] or
  63.009(a) applies may cast a provisional ballot if the person
  executes an affidavit stating that the person:
               (1)  is a registered voter in the precinct in which the
  person seeks to vote; and
               (2)  is eligible to vote in the election.
         (b)  A form for an affidavit required by this section must
  [shall] be printed on an envelope in which the provisional ballot
  voted by the person may be placed and must include:
               (1)  a space for entering the identification number of
  the provisional ballot voted by the person; and
               (2)  a space for an election officer to indicate
  whether the person presented a form of identification described by
  Section 63.0101 and the form of identification presented.
         (b-1)  The affidavit form may include space for disclosure of
  any necessary information to enable the person to register to vote
  under Chapter 13. The secretary of state shall prescribe the form
  of the affidavit under this section.
         SECTION 14.  Section 64.012(b), Election Code, is amended to
  read as follows:
         (b)  An offense under this section is a felony of the second 
  [third] degree unless the person is convicted of an attempt. In
  that case, the offense is a state jail felony [Class A misdemeanor].
         SECTION 15.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  A provisional ballot shall [may] be accepted [only] if
  the board determines that, from the information in the affidavit or
  contained in public records, the person is eligible to vote in the
  election and has not previously voted in that election and the voter
  meets the identification requirements of Section 63.001(b) at the
  time the ballot was cast or in the period prescribed under Section
  65.0541.
         SECTION 16.  Subchapter B, Chapter 65, Election Code, is
  amended by adding Section 65.0541 to read as follows:
         Sec. 65.0541.  PRESENTATION OF IDENTIFICATION FOR CERTAIN
  PROVISIONAL BALLOTS. (a)  A voter who is accepted for provisional
  voting under Section 63.011 because the voter does not meet the
  identification requirements of Section 63.001(b) may, not later
  than the sixth day after the date of the election, present proof of
  identification that meets the requirements of Section 63.001(b) to
  the voter registrar for examination by the early voting ballot
  board.
         (b)  The secretary of state shall prescribe procedures as
  necessary to implement this section.
         SECTION 17.  Section 66.0241, Election Code, is amended to
  read as follows:
         Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4
  must contain:
               (1)  the precinct list of registered voters;
               (2)  the registration correction list;
               (3)  the registration omissions list;
               (4)  any statements of residence executed under Section
  63.0011; and
               (5)  any affidavits executed under Section 63.006
  [63.007] or 63.011.
         SECTION 18.  Section 521.422, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  Except as provided by Subsection (d), the [The] fee for
  a personal identification certificate is:
               (1)  $15 for a person under 60 years of age;
               (2)  $5 for a person 60 years of age or older; and
               (3)  $20 for a person subject to the registration
  requirements under Chapter 62, Code of Criminal Procedure.
         (d)  The department may not collect a fee for a personal
  identification certificate issued to a person who states that the
  person is obtaining the personal identification certificate for the
  purpose of satisfying Section 63.001(b), Election Code, and:
               (1)  who is a registered voter in this state and
  presents a valid voter registration certificate; or
               (2)  who is eligible for registration under Section
  13.001, Election Code, and submits a registration application to
  the department.
         SECTION 19.  Sections 63.007, 63.008, and 63.009(b),
  Election Code, are repealed.
         SECTION 20.  Effective September 1, 2011:
               (1)  as soon as practicable, the secretary of state
  shall adopt the training standards and develop the training
  materials required to implement the change in law made by this Act
  to Section 32.111, Election Code; and
               (2)  as soon as practicable, the county clerk of each
  county shall provide a session of training under Section 32.114,
  Election Code, using the standards adopted and materials developed
  to implement the change in law made by this Act to Section 32.111,
  Election Code.
         SECTION 21.  (a)  The change in law made by this Act applies
  only to an offense committed on or after January 1, 2012.  For
  purposes of this section, an offense is committed before January 1,
  2012, if any element of the offense occurs before that date.
         (b)  An offense committed before January 1, 2012, is covered
  by the law in effect when the offense was committed, and the former
  law is continued in effect for that purpose.
         SECTION 22.  Effective September 1, 2011, state funds
  disbursed under Chapter 19, Election Code, for the purpose of
  defraying expenses of the voter registrar's office in connection
  with voter registration may also be used for additional expenses
  arising out of this Act related to coordinating voter registration
  drives or to other activities designed to expand voter
  registration.  This section expires January 1, 2013.
         SECTION 23.  Except as otherwise provided by this Act, this
  Act takes effect January 1, 2012.